On election day, voters in Springfield, Missouri passed a referendum limiting minors from certain bars and nightclubs. A local Missouri DWI Task Force crafted the ordinance that bans those under the age of 21 from entering an establishment where alcohol represents 60 percent or more of gross annual sales. There is are exceptions when the minor is accompanied by either a parent or legal guardian.

In the mean time, it is hoped that the spirit of the new law is embraced by bar owners and patrons. Civic leaders cite a need for addressing the problems of underage drinking, and they feel the ordinance is positive for youth and the community alike.

Carolyn Walker, of Bridgeport, Connecticut, knew she had had too much of a good time at the Mohegan Sun Casino, so she wisely called AAA and arranged for a tow truck to take her and her car home.

Unfortunately she didn’t know when to leave well enough alone. During the drive to her house, the 49-year old became agitated, launched into a verbal tirade, banged on the dash of the truck and asked the driver to stop the truck so she ‘could get a joint out of her car.’

The tow truck operator, Andrew Mineo, felt unsafe and stopped to remove Walker’s car from the truck. Police were summoned to the scene. Because of Walker’s disruptive behavior and obscenity laced ‘colorful phrases’, the owner of the tow truck refused to take her the rest of the way home. Walker admitted to having called for the tow truck because she was drunk, but since she was not operating a vehicle under the influence, police left the scene as Walker walked off for some coffee.

Then about three hours later police received a report of a vehicle being driven erratically. Walker was found behind the wheel and
arrested for DUI. A search of Walker’s car turned up empty beer bottles, a partially consumed bottle of brandy, marijuana and
painkillers.

In addition to the being charged with a Connecticut DUI, Walker was charged with several drug violations. She posted a $500 bail bond, but her night was not over yet. She was taken to a nearby hospital for observation and evaluation.

In response to operators of public transport and taxi services, Saab is set to begin test trials of what it calls the AlcoKey. The special key, about the size of a small cell phone, contains a breath analysis unit that can prevent an intoxicated driver from starting a vehicle.

The key will be tested in about one hundred specially equipped Saab vehicles over a six month period. This represents the culmination of a multi-year development program that dealt with issues such a reducing the size of the key and improving battery life.

The AlcoKey requires a driver to provide a breath sample through a mouthpiece before being able to start the car. The key sends a radio signal to an electronic control unit and if the sample is below the legal blood alcohol limit, the vehicle can be started. If elevated amounts of alcohol are detected, the car will be immobilized.

Car fleet and taxi operators sought out the automaker in an effort to show social responsibility and to gain confidence from the public in their driving services. Saab Managing Director, Jan-Ake Jonsson, said, “Car crashes and personal injuries due to drunk driving remain a great concern and Saab wants to do what it can to help prevent this.”

Implementation of the AlcoKey is currently planned for the Swedish market only.

Running into things in California – Michael McGrath, 25, was arrested for DUI in Los Angeles, California after losing control of his car and crashing into several trees, a garage and four houses. The vehicle was finally stopped by a brick porch. A resident said McGrath was ‘really wired’.

Running into things in New Jersey – A Teaneck, New Jersey resident was charged with DUI after plowing into a Hackensack restaurant, startling the lunch crowd. Edilberto Casta, 41, was speeding when a tire blew out on his pick-up truck, sending the vehicle into Solari’s Ristorante. A valet attendant said Casta continued ‘burning rubber’ for nearly a minute after the crash.

Running into things in California 2 – 19-year old Miles Snyder of Oceanside, California faces felony a DUI charge after crashing his van into the bedroom of a house. The crash slightly injured the owner of the house and startled his 8-year old son. Snyder is also suspected of backing his van into a nearby parked car just before the crash. Police found about 100 grams of pot in the van.

Running into things in Pennsylvania – Two friends who had been at the same party earlier in the evening ran into each other while pulling into a restaurant. Craig Kelty, 34, ran into the back of car driven by Barbara Miller, 49, while entering the parking lot of ‘Turn In Diner’ at about 3 in the morning. Kelty then drove off and was stopped by police nearby because his headlights were broken and smoke was coming out from under the hood of his car. Kelty and Miller, both from Bath, Pennsylvania, were each charged with DUI.

Running into things in California 3 – An unidentified driver entered the Foothill Toll Road near Anaheim, California going the wrong way. His reverse progress ended when he crashed into a toll booth just after midnight.

Running into things in Ohio – A Walnut Hills, Ohio driver suspected of driving under the influence, attempted to flee from police and crashed his SUV into an apartment building, rupturing a natural gas line and starting a fire. Firefighters had a difficult time extinguishing the fire because the vehicle was on top of the gas cut-off valve for the building.

A bill signed into law last September by New York Governor George Pataki has been found to contain an error. Actually a substantial typo that that could get you arrested for DWI even if you have not been drinking or perhaps had as little as a couple ounces of beer.

You can rest easier however, as the legal limit for DWI in New York is still 0.08 and prosecutors do not plan on enforcing the new DWI law until the typo has been corrected.

New York lawmakers passed a bill that set the threshold for certain DWI cases at 0.18 grams of alcohol in the bloodstream. The trouble with that, according to New York DWI defense attorneys, is that the human body may produce that amount of alcohol naturally. What the legislators intended to do was set 0.18 percent blood alcohol content as a level that would prohibit prosecutors from negotiating a plea to a lesser charge. Lawmakers wanted to punish drunk drivers who were substantially over the legal limit and decidedly endangering other motorists.

The Governor purportedly knew about the error in the legislation when he signed it, but assumed the New York legislature would issue an amendment. That however would mean a special session or require DWI prosecutors to wait until next year when the legislature is scheduled to convene.

We reported in a recent blog that New York Governor Pataki signed into law a bill that set stiff penalties for repeat New York DWI offenders. But a second bill was signed at the same time is at odds with the first.

The highly touted Bill Leaf-Brandi Woods bill establishes that a drunk driver previously convicted of DWI within 10 years who causes an accident that results in death will be charged with 1st degree vehicular manslaughter.

The second law sets differing numbers of DWI arrests within two timeframes as the threshold for being charged with 1st degree vehicular manslaughter; 2 or more DWI convictions within the past five years or 3 or more DWI arrests within ten years.

It is unknown which law prosecutors will employ. A New York District Attorney feels the intent of both laws is good but predicts confusion in the courtroom. New York DWI defense attorneys feel the conflicting DWI laws raise constitutional issues as they establish two different rules of conduct.

Anti-drunk driving organizations want the new DWI laws send a message to those who drink and drive.

A spokesman for the New York Governor said both legislative bills had good provisions that warranted their simultaneous enactment into law. He anticipates, however, that the New York State legislature will attempt to clean up contradictions between the bills in a future session.

Following the lead of more than twenty states, legislation is now on California Governor Arnold Schwarzenegger’s desk that would encourage counties across the state to use ankle bracelets in the fight against habitual DUI offenders.

The half-pound Secure Continuous Remote Alcohol Monitors, or SCRAMS can detect alcohol in perspiration. The device gathers information periodically and the wearer is responsible for relaying that information to a central processing computer at least once a day. Probation and court officers can review that information to determine if the bracelet wearer is violating conditions of their probation.

Use of the bracelet is usually reserved for those who have been arrested for repeat DUI offenses. Typically court sentencing for repeat DUI offenses includes alcohol counseling and rehabilitation. That is why the monitoring for alcohol consumption is important.

In San Diego County, where almost a quarter of those arrested for drunk driving are repeat DUI offenders, County Sheriff’s Department spokeswoman Jan Caldwell says, “Anything that helps keep drunk drivers off the roads, anything that keeps our deputies from going to these senseless, thoughtless crime scenes, is a good idea.”

Pennsylvania State Police are hoping that two illuminated signs will reduce the number of drunk drivers on the highway. The signs were erected by the Pennsylvania Department of Transportation and the message board asks motorists to ‘Report DUI Drivers, Call 911.’

“If you witness a motorist displaying obvious traits of intoxication or impaired driving, do not hesitate to call 911 and report the driver,” said state police Capt. Robert Lizik.

Motorists are instructed not to try to stop a vehicle with a suspected driver under the influence, nor follow the vehicle. They are asked to provide location, direction of travel, a description of the driver’s actions and a license plate number if possible. Callers will be required to provide their name and cell phone number.

The signs are located on rural highways in Armstrong County, northeast of Pittsburgh. A state police computer program that analyzes accident frequencies and projects potential accident sites was used to select the sign locations. If the concept produces results, PennDOT will consider expanding the campaign statewide.

Myrtle Beach, South Carolina has used similar signs for nearly ten years. Local police say that the message boards constantly provide
leads that are quickly pursued.

About one third of all people killed in automobile accidents in Pennsylvania involved alcohol. Local and
state police hope the simple idea of asking motorists to help identify potential drunk drivers will make a difference.

Stephen Erni of the DUI Association in Pennsylvania said, “We want all citizens to get home safely.”

Williamson County, just north of Austin, Texas, is set to start its DWI and Drug Court in November. In a departure from typical penalties, it will offer a rehabilitative program to those repeatedly arrested for DWI offenses or possession of marijuana.

Participants will be required to submit to regular drug testing and participate in counseling. In addition they will be under strict
probation supervision and forced to install an alcohol detection ignition interlock system in their car.

The special DWI court will meet weekly and address about 40 offenders each session. The function of the DWI court is to rehabilitate rather than punish, with the goal of initiating a positive change in behavior.

To enter the program, those arrested for DWI must plead guilty or no contest to their charges. Failure to complete the program would result in the resurrection of the original charges. If they complete the program they face a reduced punishment.

When the DWI court was conceived the intent was to reward participants who successfully completed the program by dropping the charges. The Texas Chapter of Mothers Against Drunk Driving did not like that idea, citing difficulty in identifying habitual repeat offenders. In a compromise struck between court officials, prosecutors and Texas DWI defense attorneys, those completing the program will end up with a lesser Class B misdemeanor conviction on their record.

The director of MADD-Texas, Karen Housewright, supports the revised program. "The idea of required treatment and required regular contact with the judge in front of their peers is an approach we support," she said. "We couldn’t be more in favor of programs that really get at the heart of the problem."

The Williamson County DWI/Drug Court was partially funded with a grant from the governor’s Criminal Justice Division. The court will convene on November 13.

Voters in Massachusetts this November could decide to allow food stores to sell wine, and groups on both sides of the issue are locked in battle. Liquor distributors are running an aggressive ad campaign claiming that the measure would lead to an increase in drunk driving fatalities. The scare tactics even say the fatality rate could double.

Massachusetts currently has a relatively low drunk-driving fatality rate. Statistics show 2.34 deaths per 100,000 drivers, compared to 5.31 deaths per 100,000 drivers in states where wine and beer are sold by food stores.

The ad campaign initiated by liquor wholesalers and package stores implies that the current law prohibiting wine sales at food stores is the reason for the low fatality rates. The liquor industry effort has the support of more than 25 police chiefs and the State Police
Association of Massachusetts.

Supermarkets have countered that the existing law limits the number of liquor licenses thus giving liquor stores a virtual monopoly.

There is no evidence that the selling of wine at food stores contributes to an increase in drunk driving fatalities. National
Highway Traffic Safety Administration statistics show that Arkansas, North Dakota, Oklahoma and Tennessee, which prohibit wine sales in food stores, have a higher drunk-driving fatality rate than the average of the 34 states that do permit wine sales.

The 34 states with wine sales also allow food stores to sell beer and sometimes even hard liquor, which are more likely to contribute to alcohol related accidents. Mothers Against Drunk Driving points out that beer and hard liquor are more likely to be abused by drivers than wine.

MADD prefers not to take a position on alcohol licensing legislation and it has remained neutral on the ballot issue. The organization
states that the low fatality rate in Massachusetts can be attributed to reasons other than whether food stores sell wine. They cite the fact that drivers in the state tend to drive slower and that they receive better emergency response and health care when involved in an accident. Studies also show that higher education levels and financial status result in fewer drunk drivers.

Approval of the ballot issue would authorize the creation of a new ‘wine-at-food-store’ license. Each municipality would have the option of awarding five licenses, and towns with more than 5,000 residents could award another license for each additional 5,000 residents.